RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3980, 30 September 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS BAY

(Before H. Kenrick, Esq., E.M.) BEGISTBAB OF BIETHB&C, V. MCILHONE

Hugh Mcllhone was charged with neglecting to register the. birth of his child within the time prescribed by the Act. ■ .-.- .■

Mr Brassey appeared for defendant, and pleaded guilty. The offence, had not been committed intentionally, and he therefore asked that a merely nominal penalty be inflicted. ■ , .. Fined Is, and costs 7s. \ : lABCEN?.

John Cave, on remand, was charged with feloniously stealing from the Bendigo hotel, Shortland, oa the 20th day of September, one cash-box containing money aud papers to the value of £2>. Mr Brassey appeared for prisoner, who pleaded not guilty. A plan showing the house and surroundings was put into Court. AU witnesses were ordered out of Court.

Mary Mcllhone, wife of Hugh Mcllhone, sworn, deposed—She remembered the prisoner being at the Bendigo hotel about four o'clock on the 20th. inst. Witness was in a room adjoining the bar when prisoner came into the hotel and asked for a pint of beer, which was served him by the servant. Did not gee him leave the bar. A cashbox containing £3 in all was in the bar when prisoner came in. The servant changed a £1 note for prisoner, and put the note in the cushboz. The oashbox also contained some receipts and papers (produced.) (Witness then identified the cashbox and papers.) The cash box was locked. Prisoner went away, and came back again between four and five, and again asked for a pint of beer. When prisoner first came in he asked for the paper and sat down opposite the cashbox, but the second time he did not sit down. Witness and the servant both left the bar for a few moments, and when they came back the prisoner was gone, and the pint measure was left on the counter half full. She did not serve anyone with liquor between the two visits of prisoner. Mr Wood was in a room oil' the bar, but was not in the bar itself. Prisoner wanted to borrow a pound off witness a few days before the 20th inst. The servant, Emma Hunt, reported to witness about 6 o'clock, that she missed the cash-box, and witness immediately reported the matter to the police. She had not seen the cask-box or contents since I'aat date until to day. By Mr Urassey—The cash box was ou a shelf behind the bar, and could be seen quite easily. She saw it on the shelf shortly before prisoner came itt the first

time. Could not swear that no one was in the bar between the visits of prisoner. Did not hear any particular noise in the bar while prisoner was there. Be-examined—Accused had worked for witness previously. She did not notice the cash box when the prisoner came in the second time. The cash box could not be reached from the bar except either by getting over the bar or getting on the counter and leaning forward.

Emnm Hunt, servant at the Bendigo Hotel, gave corroborative evidence. If anyone had come into the bar while prisoner was there she would have heard them. Could not swear that no one was in the bar between the prisoner's visits. She had not given any change to anyone except prisoner out of the cash box that afternoon- Anyone leaning over the counter could not be seen from the back room, as the glass of the door was frosted.

.Robert S "ott deposed that he was a bootmaker, residing between Lambert and Sandes street. He knew the accused by sight. Remembered finding a cash box on the evening of the 20th Sept., between 5.30 and 6 o'clock, in the creek at the lower portion of his allotment, at the point marked with a dot on the plan. It was tied round with a bit of tape. The cash box was broken. He opened it, and saw some papers in it. Thn place marked on the plan between Sandes and Lambert street is used as a public thoroughfare. The box could easily bate been thrown where he found it by a person going along that thoroughfare. Isaac James Scot!, son of last witness, deposed that he was at his father's house on the 20lh inst., between 4 and 5 o'clock in the afternoon, and saw a man go past through the thoroughfare spoken of, by last witness, but did not know who it was. He was at the creek where the box was found about 4 o'clock, and he was certain no box was there then. It is about 10 minutes' walk from the Bendigo Hotel to the place where the box was found. Detective Farrel deposed that he examined the thoroughfare referred to. The soil was soft, aod there were some imprints of boots there, leading in the direction of the creek. Previous to this, he had gone to prisoner's house, and found there a pair of boots which prisoner admitted to have worn on the 20th Sept. He took these boots (produced) and compared them with the footprints, and they exactly corresponded. Sergeant-Major O'Grady gave corroborative evidence.

Mr Brassey contended that no case had been made out against the prisoner. There was no direct evidence to show that prisoner had touched the cash box at all.

His Worship held that there was not sufficient evidence to convict the prisoner, though there was a strong suspicion, so he would therefore dismiss the charge.